advance parole or I130

[Guest Robert Fei]

My wife just found out the company she worked for in China the last 19yrs is changing from gov to private. If she can go back by april 14th and sign papers she will get about 7k in US$$. 4k of that would go to the government towards her retirement system there. We don't expect to get her green card till the end of this year. Someone suggest she just go back and then I file a I130 to bring her back to the US since going for advance parole would take too long. I told it may not be worth the trouble and you may never be their to collect any money anyway??

[frank1538]

I assume you are already married, and the K-1 has long expired so you are now waiting on the AOS to process. If this is the case, I would advise against her going back to China without advance parole. Absent advance parole, she'll likely need another visa to enter the country, and she may be deemed to have abandoned her AOS.

 

Depending on your area, AP can process relatively quickly, maybe 1-3 months, and there are provisions for expedited processing. I doubt that your situation would be one that USCIS would favorably expedite. So, I would check the processing dates for where you would file and see if there's enough lead time. If so, it may be worth a shot.

 

Is is possible to sign the papers long distance, either by having the papers sent here or her providing a power of attorney or the Chinese equivalent to a trusted friend who could sign there on her behalf?

[david_dawei]

To get AP assumes you file/filed AOS... so you'd have to fork out all the money associated with both petitions.

 

I know that over at Visa Journey, I've read that people are saying to just send her the AP once you get it ; File AOS/AP , she goes back to china and you mail her the AP. I'm not saying this is full proof, just passing along what I have heard.

 

 

Frequently Asked Questions about Advance Parole

http://www.hooyou.com/advanceparole/faq.html

 

Advanced Parole

http://www.immihelp.com/greencard/adjustme...nce-parole.html

 

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FYI: The last person to post receiving AP took 2 months.. and this included an RFE, which will slow down the process probably by a week or two.

[NY-Viking]

Unless you're willing to be separated for another year (give or take) I would highly advise against trying a separate I-130 for her, and there would probably be complications in the process since you abandoned one application.

 

I think filing for AP asap is her best bet. You still have well over a month, and that might be enough time to get the document.